Parent Visas: Family Balance Test

What is the Balance of Family Test? 

The Balance of Family Test assesses a parent's links to their children in Australia to determine eligibility for parent visas. It ensures that only those with close ties to Australia can apply. 

What Does the Balance of Family Test Evaluate? 

The test focuses on the numerical distribution and geographical location of the applicant's children, their partner, and any former partners. It does not consider the quality of relationships, cultural factors, or circumstances surrounding care responsibilities. 

How does a Parent meet the Balance of Family Test? 

A parent meets the test if: 

  • At least half of their children and stepchildren are classified as “eligible children”, or 

  • There are more “eligible children” than children living in another country.

What Qualifies as an "Eligible Child"? 

Eligible children include: 

  • Australian citizens 

  • Australian permanent residents who usually reside in Australia 

  • Eligible New Zealand citizens who usually reside in Australia 

Children on temporary visas are not counted as living in Australia permanently. 

Are There Examples of How the Balance of Family Test Works? 

Example 1 

If a parent and their partner have 4 children—2 Australian citizens and 2 residing overseas—the parent satisfies the test. 

Example 2 

If a parent and their partner have 3 children—1 Australian citizen, 1 temporary visa holder in Australia, and 1 residing overseas—the parent does not satisfy the test. 

Which visas require passing the Balance of Family Test? 

The test must be passed when applying for the following visas: 

 

How does the Department of Home Affairs (DHA) Count Your Children? 

The DHA counts all children, including stepchildren and adopted children. However, children are excluded from this count if they: 

  • Are deceased 

  • Have been legally removed from custody by adoption or court order 

  • Are registered by the UNHCR as refugees living in a UNHCR-operated camp 

  • Live in a country facing persecution or human rights abuses and cannot reunite with their parents in another country 

 

What qualifies as a stepchild? 

A stepchild is defined as: 

  • The child of your current partner, or 

  • A child under 18 years of age for whom you or your partner has legal responsibility and who is: 

    • The child of your former partner, or 

    • The child of a former partner of your current partner 

Note: Stepchildren from polygamous or concurrent relationships are not counted. 

What if I do not know where my children are? 

If you do not know the whereabouts of your children, they will be considered to be in the country where they were last known to live. 

 

Who qualifies as an eligible New Zealand (NZ) citizen? 

You are considered an eligible New Zealand (NZ) citizen if: 

  • You arrived in Australia on a New Zealand passport and were: 

  • In Australia on 26 February 2001 

  • In Australia for 12 months in the two years immediately before 26 February 2001 

  • Assessed as a protected Special Category Visa (SCV) holder before 26 February 2004 

How Can Agape Henry Crux Help You?

If you want to know if you can sponsor your parents to come to Australia or if you are in a unique position, contact us anytime for any questions about immigration-related matters. You can book a Migration Planning Session with one of our Accredited Specialists in Immigration Law and immigration lawyers to seek professional advice by calling +612 8310 5230 or emailing us to book a time at info@ahclawyers.com.   

We speak fluent English, Mandarin, Cantonese and Malay. If these aren’t your language, we can also help you arrange an interpreter.   

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.